Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 8 years ago on . Most recent reply

User Stats

27
Posts
3
Votes
Robert Lenfestey
  • Real Estate Investor
  • Cary, NC
3
Votes |
27
Posts

Recovering Attorney Fees for Non-payment of Rent in NC

Robert Lenfestey
  • Real Estate Investor
  • Cary, NC
Posted

I have a tenant who decided to purchase a house 4 months into his 12 month lease.  I listed the property the day he told me he was planning on purchasing a house at the same rent he was paying.  He moved out 2 months later.  He left the property during the slow rental season during the holidays.  He continued to pay rent 2 months after he moved out, then stopped paying rent.  The property remained vacant for 4 months, then rented at the original listing price for a two year lease.  I plan on seeking a judgement for the lost rent and late fees that accrued during his tenancy, which, after the security deposit is just under $5,000.   He makes $150 k/year and bought a $573k house, so he has assets to go after. My question is:  Can I recover my attorney's fees as well in small claims court.  My lease has language specifically stating that all legal fees incurred recovering rent in the event of a breach by the tenant are the tenant's responsibility.  Has anyone been successful in recovering attorney fees in N.C. specifically Wake County.  I know I don't need an attorney for small claims court, but if the tenant is responsible for the attorney fees, then there is no downside. 

Loading replies...